07/23/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Kimberly A. Landry 44 Pequot Road (Map 29 Parcel 99) Mashpee, MA 02649 FINDING-2014-33 Ms. Landry represented herself and daughter requesting installation of an above ground pool on the side yard of her property. Ms. Landry stated she has rear and front yard setbacks of 25 feet and is requesting to place the pool at a 5 foot side yard setback because there is no room in the back yard. She supplied the Board with photographs that show a retaining wall in the backyard, and a 10 x 12 shed on the side yard. The shed is currently 3 to 4 feet from the lot line. Ms. Landry wants to move the shed and place the 18 foot pool in that same area approximately 5 to 7 feet from the side yard lot line, and prefers this location for easy accessibility around the pool. The Board stated that Ms. Landry comply with the Building Commissioner's request when she relocates the shed. Moving the shed is irrelevant to the Board. Mr. Blaisdell read the Board of Health comments into the record; `BOH Comments: No setback requirements for above ground pool but pool cannot cover septic components." Mr. Blaisdell read an abutter letter into the record from Sara Alborghetti, who resides at 17 Hemlock Drive, stating she is in favor of the above-ground pool. GENERAL FINDINGS: The subject property located at 44 Pequot Road is approximately 15,131 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Non- conforming single- or two-family dwelling structures maybe changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a written Finding by the Zoning 1, Board of Appeals that such change, extension or alteration shall: 2